0 results for ''Wiley Rein''
Court denied entry of partial judgment on issue that the court entered summary judgment for plaintiffs, where plaintiffs would not be unduly prejudiced by the delay in being able to appeal and where partial judgment could lead to piecemeal litigation and appeals as the resolved issue was not a predicate issue for the rest of the case.
Claim reserves and underwriting exclusions to professional liability insurance policy did not apply to underlying lawsuits by long-term care insurance policyholders alleging misrepresentations in the marketing and sale arising from the failure to disclose planned or expected premium increases.
Plan of reorganization establishing sexual abuse settlement trust affirmed where non-consensual releases of claims against non-debtors, who were affiliates of debtors, fell within "related to" jurisdiction since the non-debtors' viability as going concerns was necessary to the success of debtors' reorganization.
Court declined to resolve directors and officers policy coverage dispute via motion where the record was insufficient to determine whether underlying transaction and resulting securities lawsuit settlement fell within the scope of the D&O policy's exclusion.
Appeals & Motions List released on: March 16, 2023
The court agreed with the lower court that plaintiff's claim was excluded from coverage but held that whether a claim related back to an earlier claim was decided by the language of the policy, not the generic fundamentally identical standard used by the lower court.
Exxon's Appeal as to NYAG Dismissed But Judgment as to Massachusetts AG Upheld
Plaintiffs were entitled to advancement of defense costs in underlying securities class action where claims in the underlying action did not implicate either of the provisions listed in a policy endorsement that limited coverage for defense costs.
The court held that the most recent contract between the excess insurers and policyholder superseded the excess insurance policy such that the waiting period in the most recent agreement would control when a party could file post-mediation declara-tory judgment action.
Court declined to dismiss in favor of another action filed in another jurisdiction where defendants had, without warning, engaged in a race to the courthouse to file before plaintiffs, making plaintiffs' case filed only days later a contemporaneously filed action that precluded traditional first-filed rules.
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